1. Applicant's Name: a. Application Date: 10 January 2019 b. Date Received: 15 January 2019 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of an uncharacterized discharge to honorable. The applicant seeks relief contending, in effect, was a MAVNI Reserve Soldier from Nepal. The applicant joined Army Reserve and was drilling with the home unit, where the applicant did not go to all drills. Some of the drills were basic training requirements and there was no penalty for not attending some of those drills. The command kept pushing the applicant's shipping date to basic training due to incomplete background checks. After two years, when the applicant had given up hope, the background checks and counter intelligence interview were completed. The applicant was eventually cleared to attend basic training in March 2018. A month and half into basic training, the applicant was injured while training and fractured the left navicular bone. The applicant could not run or train anymore, the left foot was put in cast and the applicant could not continue training and the healing of bone would take about five to six months. Subsequently, the applicant was medically discharged The applicant served in the Army Reserve for two years, six months and eighteen days, including inactive years. Because the applicant was a MAVNI Soldier, the applicant had to apply for naturalization (US Citizenship) to legally stay in the United States. The applicant was heartbroken when USCIS officer told the applicant the character of service reflected on the DD Form 214, had to be honorable to be eligible for naturalization. The applicant dropped out of school to attend basic training and lost the F-1 status (student status). The applicant could face a possible deportation, if the applicant could not naturalize due to uncharacterized service. The applicant understands to receive an honorable characterization of service, one has to be in Army for at least 180 days. The applicant believes it is up to the commander's discretion to characterize the service as honorable without completing 180 days of active service, if the service member exhibits good behavior and lives up to Army values and standards. The applicant was a good Soldier and tried to live up to Army values while in training. The applicant provides the Board a certified copy of his N-426, which the applicant obtained from the home unit company commander while filing for naturalization. The form reflects the service as honorable for this period of inactive service. Because the applicant was an Army Reserve Soldier, the two years of inactive service was not counted towards the service characterization. Only four months of the Active Duty service, while in basic training, was accounted for. The applicant requests the Board consider the inactive service behavior during training when review of the application. The applicant does not expect or desire VA benefits, by virtue of an upgrade. The only reason the applicant requests an upgrade is to allow the applicant to naturalize. The applicant states, as a MAVNI Soldier it has been really difficult the past couple of years. The applicant lost the legal status in the U. S.; the time waiting to ship to training; ending up with a bone fracture in the ankle, which might not heal; the fear of possible deportation; and, naturalization being the last hope. In a records review conducted at Arlington, VA on 6 May 2020, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Condition, Not a Disability / AR 635- 200, Chapter 5-17 / JFV / RE-3 / Uncharacterized b. Date of Discharge: 8 August 2018 c. Separation Facts: (1) Date of Notification of Intent to Separate: 19 July 2018 (2) Basis for Separation: The applicant was informed of the following reasons: On 8 June 2018, a recommendation for separation IAW AR 635-200, Chapter 5-17, was sent to the commander, due to a left ankle/foot pain/injury. The commander concurred with the recommendation that separation be initiated due to the lengthy recovery for the applicant's injury. (3) Recommended Characterization: Uncharacterized (4) Legal Consultation Date: On 24 July 2018, the applicant waived his rights to consult with a JAG officer. (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 6 August 2018 / Uncharacterized 4. SERVICE DETAILS: a. Date / Period of Enlistment: 26 March 2018 / 19 weeks (IADT) b. Age at Enlistment / Education / GT Score: 25 / Bachelor's Degree / 118 c. Highest Grade Achieved / MOS / Total Service: E-3 / None / 2 years, 6 months, 18 days d. Prior Service / Characterizations: USAR, 21 January 2016 - 8 August 2018 / NIF (Concurrent Service) e. Overseas Service / Combat Service: None f. Awards and Decorations: None g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Physical Profile Record, reflects repeat imaging demonstrated the applicant had a healing Left foot injury; must wear CAM Walker at all times x 6 weeks; no high impact activities/sports x 6 months; and, strict standing/weight bearing restrictions due to injury. Physical therapy and Podiatry recommended separation UP Chapter 5-17, AR 635-200. The Service member had a medical condition that would significantly delay his return to training. His injury would require potentially 6 months of recovery prior to returning to normal physical activity. His condition does not meet requirements for 5-11 or MEB recommendation. The service member should immediately be removed from all training and physical activity prohibited by the profile. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 214; DD Form 293; DD Form 2870; self- authored statement; Form N-426; Radiology Exam Inquiry. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 7. REGULATORY CITATION(S): Army Regulation (AR) 635-200 provides the basic authority for the separation of enlisted personnel. Paragraph 5-17 specifically provides that a Soldier may be separated for other physical or mental conditions not amounting to a disability, which interferes with assignment to or performance of duty and requires that the diagnosis be so severe that the Soldier's ability to function in the military environment is significantly impaired. Paragraph 3-9 contains guidance on entry level separations. It states a separation will be described as entry-level with service uncharacterized if, at the time separation action is initiated, the Soldier has less than 180 days of continuous active duty service. Paragraph 5-1, states that a Soldier being separated under this paragraph will be awarded a characterization of service of honorable, general (under honorable conditions), or an uncharacterized description of service if in entry-level status. A general (under honorable conditions) discharge is normally inappropriate for individuals separated under the provisions of Chapter 5-17 unless properly notified of the specific factors in the service that warrant such characterization. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his uncharacterized discharge to honorable. The applicant's record of service, the issues and documents submitted with his application were carefully reviewed. The evidence of record shows the applicant, while in training status, was evaluated by competent medical authority and determined the applicant had a healing left foot injury. It was determined these injuries would significantly delay his return to training. His injury would require potentially 6 months of recovery prior to returning to normal physical activity. The applicant contends his inactive Reserve time should be considered in his time in service to allow him an honorable discharge. However, the record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The character of the applicant's discharge is commensurate with his overall service record. Further, at the time of notification the applicant had only served 115 days of continuous active duty service, which confirms the applicant was in an ELS status. There is no provision in the regulation to include inactive Reserve service when calculating continuous active duty service or characterization of service. The uncharacterized description of service accurately reflects the applicant's overall record of service. An uncharacterized discharge is neither positive nor negative and it is not meant to be a negative reflection of a Soldier's military service. It merely means that the Soldier has not been in the Army long enough for his or her character of service to be rated as honorable or otherwise. The applicant contends his discharge should be upgraded because it will allow him to become a naturalized citizen. However, the issue the applicant submitted is not a matter upon which the Army Discharge Review Board grants a change in discharge because it raises no matter of fact, law, procedure, or discretion related to the discharge process, nor is it associated with the discharge at the time it was issued. The discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority, and the applicant was provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 6 May 2020, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214 / Issue a New Separation Order: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change Authority to: No Change e. Change SPD / RE Code to: No Change Authenticating Official: Legend: AWOL - Absent Without Leave GD - General Discharge NCO - Noncommissioned Officer SCM - Summary Court Martial BCD - Bad Conduct Discharge HS - High School NIF - Not in File SPCM - Special Court Martial BH - Behavioral Health HD - Honorable Discharge NOS - Not Otherwise Specified SPD - Separation Program Designator CG - Company Grade Article 15 IADT - Initial Active Duty Training OAD - Ordered to Active Duty TBI - Traumatic Brain Injury CID - Criminal Investigation Division MP - Military Police OMPF - Official Military Personnel File UNC - Uncharacterized Discharge ELS - Entry Level Status MST - Military Sexual Trauma PTSD - Post-Traumatic Stress Disorder UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 NA - Not applicable RE - Reentry VA - Veterans Affairs ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20190003768 1